Legal Opinion

Paul Gresk, Trustee for the Bankruptcy Estate of Derek VanWinkle and Stacey VanWinkle on behalf of M v. and A v. their minor children v. Cortney Demetris, M.D.

Indiana Supreme Court

Decided May 10, 2018No. 49S02-1711-MI-686PublishedCited by 8 opinions

1Opinion of the Court

Massa, Justice.

Public participation is fundamental to self-government, and thus protected by the Indiana and United States Constitutions. When citizens are faced with meritless retaliatory lawsuits designed to chill their constitutional rights of petition or free speech, also known as Strategic Lawsuits Against Public Participation (SLAPP), Indiana's anti-SLAPP statute provides a defense.

Here, two minors and their parents filed a medical malpractice lawsuit against a doctor who reported suspected medical child abuse to the Department of Child Services (DCS). The doctor claimed the lawsuit was…

2Cases cited12 opinions

  1. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  2. McIntyre v. Ohio Elections CommissionSupreme Court of the United States · 1995
  3. Borough of Duryea v. GuarnieriSupreme Court of the United States · 2011
  4. Novoselsky v. BrownCourt of Appeals for the Seventh Circuit · 2016
  5. Cross v. CooperCalifornia Court of Appeal · 2011

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Kevin Pack v. Truth Publishing Company, Inc., and John S. Dille IIIIndiana Court of Appeals · 2019
  2. Batistatos v. Lake County Convention and Visitors BureauDistrict Court, N.D. Indiana · 2023
  3. Batistatos v. Lake County Convention and Visitors BureauDistrict Court, N.D. Indiana · 2024
  4. CIRCLE CITY BROADCASTING I, LLC v. AT&T SERVICES, INC.District Court, S.D. Indiana · 2021
  5. Keller J. Mellowitz v. Ball State UniversityIndiana Supreme Court · 2023

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API